Category : Income Tax
Where the assessing officer made certain additions on the basis of the information provided by DGIT (Inv.) , Mumbai, the same holds valid- ITAT Mumbai
[docxpresso file=”https://taxcharcha.com/wp-content/uploads/2019/03/ITAT-Mumbai.odt” comments=”true” SVG=”true”] Since the information is provided by the DGIT(Inv) , Mumbai and the proceedings of escapement of income initiated on...
That the salary paid in the year of operation for the period before the commencement of the operation should not be disallowed- ITAT Delhi
[docxpresso file=”https://taxcharcha.com/wp-content/uploads/2019/03/ITAT-Delhi-2.odt” comments=”true” SVG=”true”] Since, the assessee is providing health care services before the commencement of its super speciality hospital “Medanta”, the salary...
When the assessee company stands dissolved as defunct company u/s 560(5) of the Companies Act, 1956 (section 248(2) of the Companies Act, 2013) that doesn’t mean that income tax proceedings and appeals become infructuous. – Supreme Court of India
[docxpresso file=”https://taxcharcha.com/wp-content/uploads/2019/03/Defunct-Company-1.odt” comments=”true” SVG=”true”] To download, High Court of Rajasthan at Jaipur- Gopal Shri Scrips Pvt Ltd. Supreme Court of India _ Gopal...
Merely because assessee company had filed all primary evidence, it could not be said that onus on assessee company to establish the credit worthiness of investor companies stood discharge. Assessing Officer was justified in passing assessment order making additions under section 68 for share capital/share premium received by assessee company – SC
Held: The Court/Authorities below did not even advert to the field enquiry conducted by the AO which revealed that in several cases the investor companies...
The Counsel being out of town cannot be a valid ground for the purpose of adjournment in any case – Supreme Court
In the judgement by the Supreme Court, it was strictly held that the counsel being out of town is no valid ground for the purpose...
Linking of Aadhaar with the PAN Card to file Income Tax Return is compulsory – SC
Linking of Aadhaar with the PAN Card to file Income Tax Return is compulsory...
The Reopening of assessment is an entirely independent and vastly different jurisdiction and cannot be confused with the revisional powers of the higher authority – Bombay High Court
The Bombay High Court in its recent judgement in the case of Saurabh Suryakant Mehta WRIT PETITION NO.3495 OF 2018 stated that “the reopening of assessment...
The assessee can be taxed only on the gain which is oozing out from the sale consideration, thus, no adverse inference can be drawn while invoking the provision of section 50C of the Act. – Bombay High Court
Held : “The assessee can be taxed only on the gain which is oozing out from the sale consideration, thus, no adverse inference can be...
In terms of section 194A(1), The time of deduction of tax u/s 194A(1) is undisputedly time at which interest is to be credited to account of payee or when it is paid in cash/cheque or draft therefore, deduction of tax at source on interest income before close of financial year concerned as provided under section 194A(4) would not obligate assessee bank from penalty for not deducting tax at source at time of credit of said income in payee’s account – HC Allahabad
Held : Deduction of tax at source on interest income before close of the financial year concerned as provided under Section 194 A (4) of...
HC wrong in taking the technical view of dismissing the appeal on the ground of delay when it has to decide the question of law between the parties in any case in respect of earlier assessment year – Supreme Court
Held : The High Court should not have taken such a technical view of dismissing the appeal in the instant case on the ground of delay,...
The exemption of Rs. 50 lakh in s. 194-IA(2) is applicable w.r.t. the amount related to each transferee and not with reference to the amount as per sale deed. Each transferee is a separate income tax entity and the law has to be applied with reference to each transferee as an individual transferee / person – ITAT Delhi
ITAT Delhi in the judgement of Vinod Soni Vs. ITO TDS Faridabad in ITA No. 2736/Del/2015 held the following: Section 194-IA(2) provides that Section 194-IA(1)...
No seizure of goods on ground that they were not accompanied with part-B of e-way bill – HC Kerala
The High Court of Kerala in its judgement has held that where the assessee has defaulted in not uploading Part B to the eway bill...
No capital gain to be computed on the transfer of assets on the ‘book value’ in the case of conversion of company into LLP – ITAT Mumbai
Held: In the recent judgement by ITAT Mumbai in the Case of M/s Celerity Power LLP wherein it was held that the on the conversion of the company...
An order passed by the Tribunal even one day after the prescribed period of 90 days from the date of hearing causes prejudice to the assessee and is liable to be recalled – ITAT Mumbai
To Download, Shri Kaushik N. Tanna ITA no. 5439 of Mumbai...
HC issues directions to the Department of Revenue to penalise the defaulters for not issuing Form 16 to their employees – HC Bombay
The Bombay High Court in its judgement took serious concern over the defaulter employers who does not any concern for issuing Form 16 where the...
No penalty to be levied u/s 271(1)(c) where the additions made by the AO is deleted – ITAT Delhi
Held: The Hon’ble ITAT Delhi in its judgement held that “Since the Tribunal has deleted the addition made by the Assessing Officer and sustained by the...
Reliance by the AO on statements of third parties without giving the assessee an opportunity of cross-examination is a gross failure of the principles of natural justice and renders the assessment order a nullity -ITAT Delhi
The additions made merely on the statement of the third party and without providing an opportunity of being heard and cross examine the basis of...
The period of holding of ESOP options clarified and to be considered as Long term irrespective of the date of vesting of the same – ITAT Bangalore
The ITAT Bangalore in the recent judgement clarifies the period of holding of the ESOP options in the case of Shri. N. R. Ravikrishnan Vs Assistant Commissioner...
Income-tax department can’t claim any priority in payment from liquidation estate under Insolvency and Bankruptcy Code – HC
The High Court of Andhra Pradesh & Telangana in the case of Leo Edibles & Fats Ltd held that “The Income-tax Department does not enjoy the...
Where no return was filed in compliance to notice u/s 148, issuing of notice u/s 143(2) was not required for making assessment – HC
The High Court of Jammu & Kashmir in the recent judgement in the case of Principal Commissioner of Income-tax v.Broadway Shoe Co. held that where no return was filed...
CAs can be held guilty of Other Misconduct even outside the ambit of the profession- SC
In the recent judgement by the Supreme Court in the case of Shri Gurvinder Singh, it has been stated that the Chartered Accountant is guilty of a...
Linking of Aadhaar with Bank accounts and mobile number is invalid – SC
The Supreme Court of India has provided a judgement regarding the validity of the Aadhaar and its linking with various other things. The crux of...
Deduction u/s 54 is allowed even if the assessee purchased new residential house before the sale of another residential house owned by him – ITAT Mumbai
Held: The Mumbai Tribunal in a recent decided case law has held that where the assessee has purchased the new residential house before the sale...
SLP admitted against the ruling that interest earned on funds deposited prior to commencement of business – SC
The Supreme Court has granted SLP against the High Court ruling that interest received on funds deposited with the banks borrowed for specific purpose of...
Excise & Customs : Exemption notifications should be interpreted strictly, assessee cannot take benefit of ambiguity in exemption notification – SC
The Constitution Bench of Supreme Court of India in Commissioner of Customs vs Dilip Kumar & Company [Civil Appeal No. 3327 of 2007] on July 30,...